FAROOQ AHMAD MIR Vs. HABIB UL-LLAH BHAT

JUDGEMENT

(1.) The petitioner, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeks setting aside of order dtd. 28/2/2026 passed by the learned Principal District Judge, Kupwara, whereby the appellate Court has dismissed the miscellaneous appeal preferred by the petitioner and upheld the order dtd. 30/5/2024 passed by the learned Munsiff, Sogam, granting interim injunction in favour of the plaintiffs/respondents, which is also impugned in the instant petition.

(2.) The factual matrix of the case is that the respondents herein had instituted a suit for permanent injunction before the learned Trial Court, asserting possession over the suit property, comprising land, building, and an access pathway. Along with the suit, an application for interim relief was filed, which came to be allowed initially by way of an ex-parte order dtd. 28/12/2023 and subsequently confirmed vide order dtd. 30/5/2024 after hearing both sides.

(3.) The petitioner herein/defendants, being aggrieved of the said order, preferred miscellaneous appeal before the learned Principal District Judge, Kupwara. The appellate Court, after appreciating the record and considering the rival submissions, dismissed the appeal and upheld the order of the Learned Munsif Sogam dtd. 30/5/2024, primarily on the ground that the plaintiffs had succeeded in establishing a prima facie case of possession and that the balance of convenience lay in maintaining status quo.